Legal Opinion · Concurring in part, dissenting in part

Flores v. A & Z Tobacco, LLC

Louisiana Court of Appeal

Decided November 19, 2014No. WCA 14-505Published

1Concurring in part, dissenting in partThibodeaux, Chief Judge

hi agree with the majority’s treatment of the waiver argument and the nonpayment of the judgment for the alleged reason that it was beyond the employer’s control. I disagree, however, with their treatment of what constitutes a final and nonappealable judgment. I would, therefore, reverse and not award any penalties or fees.

I agree that a binding and enforceable compromise was reached under both Article 3071 of the Code of Civil Procedure and La.R.S. 23:1272(A) which governs compromises under workers’ compensation laws. The defendant does not and cannot dispute this fact and its settlement…

2Cases cited1 opinion

  1. Trahan v. Coca Cola Bottling Co. UnitedLouisiana Court of Appeal · 2003

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